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Copyright & Fair Use

What can faculty put on Reserve?

Here are examples of works (and their proportion) that faculty members can have libraries put on reserve for their courses:

1. Any work in the public domain

2. Any work published by the US Government

3. Any book or score in hard copy format made available within libraries 

4. Sections of books, journal issues, other print resources that meet Fair Use protocol (see above)

5. Textbooks (faculty's discretion)

6. Practice tapes (faculty's discretion)

7. Instructor's quizzes, notes, tests created for course instruction by instructors

8. Materials for which instructor owns copyright

9. Copyrighted materials for which instructors have sought appropriate permission

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What cannot be put on Reserve?

Here are examples of works that may infringe Copyright:

1. Course packs

2. Works that replicate excessive proportions of copyrighted works, including anthologies

3. Works prohibited by licensing restrictions

4. Commercial anthologies that can duplicate anthologies which students can buy

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What can the library put on Reserve?

River Campus Libraries (RCL) can do the following for you:

1. If you submit a request, RCL will retrieve and scan an item from the stacks. But RCL can scan/upload one chapter per title per year. In other words, RCL can scan one chapter each from 10 different books but only one chapter per book per year.

2. RCL can link to articles currently available in RCL electronic holdings.

3. For streaming videos that are available at RCL through multiple streaming databases, such as Films on Demand, Kanopy, etc., the library can add a link of the video to the instructor/course's Blackboard page.

4. RCL has access to streaming audio via the Naxos database but the library will also digitize and upload audio to the Panopto streaming platform and link to these files on Blackboard course pages. In order to do so, RCL needs a hard copy of the musical work in question and requires some lead-in time for purchase if it is not currently in our collection. 

The Four Fair Use Factors

Libraries apply the four Fair Use factors before accepting electronic resources to put on reserve:

1. Character of use: Resources on e-reserve assist in non-profit education.

2. Nature of work to be used: Typically, both creative and factual text materials are put on reserve that serve interests of students and faculty. 

3.  Amount used: Teaching objectives of faculty and relevance of proportion of work to lesson plans often determine how much of the work can be put on reserve, including entire works.

4. Effect of use on market potential: Only registered students can access the content of e-reserves during a semester. 

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How much can be put on Reserve?

The following amount can be borrowed under Fair Use from educational multimedia. Accordingly, this is the recommended amount for putting on reserve in the library:

MEDIUMS AMOUNTS
Motion Media 10% or 3 minutes
Text 10% or 1000 words
Poems of less than 250 words 3 poems
Poems over 250 words, up to 250 words 3 excerpts by a poet, 5 excerpts by different poets in same collection
Music, Lyrics, Music Video up to 10% or 30 seconds
Illustrations and photographs 5 by the same artist or photographer - 10% or 15 images from one published work
Numerical data sets 10% or 2500 fields or cells

Source: Fair Use Guidelines for Educational Multimedia  2007, published in Copyright for Academic Librarians and Professionals by Rebecca P. Butler (2014)